Netanyahu Fires Back as Mamdani Explores Arrest Over ICC Warrant
A simmering clash between New York City Mayor Zohran Mamdani and Israeli Prime Minister Benjamin Netanyahu has erupted into a fierce dispute over international law, diplomatic immunity and the limits of mayoral power.
Mamdani confirmed that his administration is examining whether New York authorities could arrest Netanyahu if the Israeli leader visits the city for the United Nations General Assembly in September. The mayor said discussions were taking place with the New York Police Department and the city’s legal advisers, reviving a controversial promise he first made while campaigning for office.
Netanyahu’s office responded with a blistering statement, accusing Mamdani of pursuing political theater while neglecting New York’s problems.
“The ICC is a kangaroo court that has no jurisdiction over Americans or Israelis,” the Israeli prime minister’s office said. It later added that Mamdani “should focus on fixing the damage his policies have caused New York.”
The response transformed a complicated legal question into an intensely personal political confrontation between the leader of America’s largest city and the head of one of Washington’s closest allies.
Mamdani Says Netanyahu “Belongs in The Hague”
Mamdani told The New York Times that he believes Netanyahu should be brought before the International Criminal Court, based in The Hague, the Netherlands.
“I believe that Prime Minister Netanyahu belongs in The Hague,” Mamdani said. He described Netanyahu as a war criminal and said his administration was engaged in an “active conversation” about what authority the city might possess.
However, the mayor also acknowledged that he cannot simply create a new legal process to carry out his campaign promise. He said his administration would act only within existing law and would not rewrite city rules to make an arrest possible.
The dispute originates with an arrest warrant issued by the ICC on November 21, 2024. The court said judges had found reasonable grounds to believe Netanyahu and former Israeli Defense Minister Yoav Gallant bore criminal responsibility for alleged crimes committed during the Gaza war.
The accusations include the alleged war crime of using starvation as a method of warfare, along with alleged crimes against humanity involving murder, persecution, and other inhumane acts. The warrant represents an accusation, not a conviction, and Netanyahu has consistently rejected the court’s allegations and authority.
Israel argues that the ICC lacks jurisdiction because Israel is not a party to the Rome Statute, the treaty that established the court. The ICC has rejected Israel’s jurisdictional challenges, maintaining that it can investigate alleged crimes committed in Palestinian territories accepted under the court’s framework.
Federal Law Creates a Massive Barrier
Despite Mamdani’s forceful language, attempting to arrest Netanyahu in New York would face extraordinary legal obstacles.
The United States is not a member of the ICC and does not generally recognize the court’s authority over American citizens or officials from countries that have not accepted its jurisdiction. More importantly for Mamdani, federal law expressly restricts cooperation between American local governments and the international court.
Under 22 U.S. Code Section 7423, no state or local government entity may cooperate with an ICC request submitted under the Rome Statute. That restriction would appear to cover city agencies, such as the NYPD, if they were asked to execute the court’s warrant on the court’s behalf.
Diplomatic immunity presents another formidable challenge. As Israel’s sitting prime minister, Netanyahu could claim immunity traditionally granted to serving heads of government. A visit connected to the United Nations would also involve federal diplomatic rules and agreements governing foreign representatives traveling to UN headquarters.
The State Department,not New York City Hall,normally determines whether a visiting foreign official has immunity and how extensive that protection is. State Department guidance specifically directs immunity questions involving heads of state, heads of government, and foreign ministers to federal legal officials.
That means even if Mamdani wanted to order an arrest, federal officials could move quickly to block it. New York Governor Kathy Hochul has previously said that a New York City mayor does not have the authority to take such an action.
A Legal Debate Becomes a Political Firestorm
Mamdani’s renewed position drew immediate criticism from both Republicans and some Democrats.
U.S. Ambassador to the United Nations Mike Waltz dismissed the proposal as “pure political theater,” arguing that diplomatic protections and America’s rejection of ICC authority make the threatened arrest legally unrealistic. Democratic Sen. John Fetterman of Pennsylvania also attacked Mamdani’s position, calling the mayor a “clown” and insisting he lacked the authority to detain Netanyahu.
Netanyahu’s office went further, accusing Mamdani of using the Israeli leader as a distraction from troubles at home. Its claim that the mayor’s policies have damaged New York was a political accusation, not a finding supported by evidence in the statement.
Mamdani’s supporters view the issue differently. They argue that the mayor is challenging a system in which powerful political leaders can avoid accountability for alleged violations of international law. For them, the controversy is not merely about whether an NYPD officer could make an arrest. It is about whether international warrants have meaning when major governments refuse to enforce them.
Still, the practical answer appears difficult to escape. Mamdani can condemn Netanyahu, consult lawyers, and demand international accountability. Ordering New York police to arrest a visiting foreign prime minister is another matter entirely,one likely to collide with federal law, diplomatic immunity and Washington’s control over foreign affairs.
